The Expanding Scope of Procedural Fairness
Procedural fairness refers to the obligation that decision-makers have to act in a proper and impartial manner when their decisions affect the rights or interests of others. In the workplace investigation context, this means that investigators must ensure that both complainants and respondents are treated equitably and that the process is transparent, unbiased, and reasonable.
For many investigators, the focus is on the respondent when it comes to fairness, since the respondent is the individual accused of misconduct and the party most likely to face consequences. The prevailing concern is often to prevent findings of wrongdoing without giving the respondent an opportunity to answer the allegations. However, recent cases indicate that fairness must be considered and applied more broadly. Complainants, too, are entitled to certain rights of participation, including an opportunity to rebut evidence that contradicts their own.
This shift can create operational challenges for employers. Balancing the rights of both parties can be difficult when privacy, confidentiality, and procedural integrity are all at stake, particularly when internal investigators may have other demands on their time. If this is a concern for your organization, Bridge Legal & HR Solutions can help, with customized training on conducting workplace investigations, or with independent, third-party investigation services.
Learning More: Upcoming Training Session
For organizations seeking to understand these cases in greater depth, Bridge Legal & HR Solutions is offering a free session comparing Marentette v. Canada (2024) and Carreau v. Canada (2025). The program, which will be held on November 26, 2025 at 1:00 p.m., will explore the legal reasoning behind each decision and provide actionable strategies for meeting the courts’ evolving expectations.
Sign up here to learn some practical rules for designing investigation procedures and to receive input on drafting and implementing internal investigation checklists.
Conclusion
Organizations that adapt quickly will not only meet legal standards but also reinforce trust and integrity in their internal procedures. Through its continuous monitoring of emerging case law and practical training programs, Bridge Legal & HR Solutions stands ready to help employers and investigators navigate this complex, evolving terrain.
To learn more about how Bridge Legal & HR Solutions can support your workplace, connect with us today through our contact form or call us at 647-794-5442 for a consultation.
